HB 697 — Impact Fees

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697CS/CS/CS/HB, Engrossed 1 2018 A bill to be entitled An act relating to impact fees;

prohibiting local governments from requiring certain conditions in development orders, except under certain conditions;

The Legislature further finds that impact fees are an outgrowth of Pagethe 1home rule power of 9a CODING:local government to provide certain services within its jurisdiction.

Due to the growth of impact fee collections and local governments' reliance on impact fees, Page 1 of 8 CODING:

hb0697-03-c3hb0697-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697CS/CS/CS/HB, Engrossed 1 2018 theit homeis rulethe powerintent of the Legislature to ensure that, when a localcounty governmentor tomunicipality provideadopts certainan servicesimpact withinfee itsby jurisdiction.ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section.

Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section.

A county or municipality is not required to wait 90 days to decrease, suspend, or Pageeliminate 2an ofimpact 9fee. CODING:

(e) Collection of the impact fee may not be required to occur earlier than the issuance of the building permit for the Page 2 of 8 CODING:

hb0697-03-c3hb0697-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697CS/CS/CS/HB, Engrossed 1 2018 eliminateproperty anthat impactis subject to the fee.

(e) Collection of the impact fee may not be required to occur earlier than the issuance of the building permit for the property that is subject to the fee.

218.39 and submitted to the Auditor General must include an affidavit signed by the Pagechief 3financial officer of 9the CODING:local governmental entity or district school board stating that the local governmental entity or district school board has complied with this section.

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hb0697-03-c3hb0697-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697CS/CS/CS/HB, Engrossed 1 2018 chief(5) financialIn officerany ofaction challenging an impact fee, the localgovernment governmentalhas entitythe orburden districtof schoolproving boardby statinga thatpreponderance of the localevidence governmentalthat entitythe imposition or districtamount schoolof boardthe hasfee compliedmeets withthe requirements of state legal precedent or this section.

(5) In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets the requirements of state legal precedent or this section.

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Development or conservation of an area of at least 1,000 acres consistent with the long-term master plan.

The local government may approve detailed specific area plans of less than Page 4 of 8 CODING:

hb0697-03-c3hb0697-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697CS/CS/CS/HB, Engrossed 1 2018 1.1,000 acres based on local circumstances if it is determined that the detailed specific area plan furthers the purposes of this part and part I of chapter 380.

Development or conservation of an area of at least 1,000 acres consistent with the long-term master plan.

The local government may approve detailed specific area plans of less than 1,000 acres based on local circumstances if it is determined that the detailed specific area plan furthers the purposes of this part and part I of chapter 380.

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Detailed analysis and identification of specific measures to ensure the protection and, as appropriate, restoration and management of lands within the boundary of the Page 5 of 8 CODING:

hb0697-03-c3hb0697-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697CS/CS/CS/HB, Engrossed 1 2018 7.detailed specific area plan identified for permanent preservation through recordation of conservation easements consistent with s.

Detailed analysis and identification of specific measures to ensure the protection and, as appropriate, restoration and management of lands within the boundary of the detailed specific area plan identified for permanent preservation through recordation of conservation easements consistent with s.

protecting wildlife Pageand 6natural ofareas; 9 CODING:

Words stricken are deletions;

words underlined are additions.

hb0697-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697 2018 and natural areas;

and enhancing thePage prospects6 for the creation of jobs.8 CODING:

Words stricken are deletions;

words underlined are additions.

hb0697-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/CS/HB, Engrossed 1 2018 the prospects for the creation of jobs.

InWithin adopting30 adays detailedafter specificreceiving areaan planapplication orfor relatedapproval developmentof order, a localdetailed governmentspecific mayarea notplan include or imposerelated as a condition of a development orderorder, any requirement that a developer contribute or pay for land acquisition or construction or expansion of public facilities or portions thereof unless the local government hasmust enactedreview athe localapplication ordinancefor whichcompleteness requiresand otherissue development not within a sectorletter planningindicating areaall torequired contributeinformation itsis proportionatesubmitted share of the funds, land, or publicspecifying facilitieswith necessaryparticularity to accommodate any impactsareas havingwhich aare rationaldeficient. nexus to the proposed development.

When allowed under this section, the obligation to fund or construct new facilities or add to the present system of public facilities must have an essential nexus and be roughly proportionate to the proposed development.

11.

Within 30 days after receiving an application for approval of a detailed specific area plan or related development order, a local government must review the application for completeness and issue a letter indicating all required Page 7 of 9 CODING:

Words stricken are deletions;

words underlined are additions.

hb0697-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 697 2018 information is submitted or specifying with particularity any areas which are deficient.

A detailed specific area plan adopted by local development order pursuant to this section may be based upon a planning period longer than the generally applicable planning period of the local comprehensive plan and shall specify the projected populationPage within7 theof specific8 planningCODING: area during the chosen planning period.